Shannon M. McConnachie v. Rosemary Markson
Published: Oct. 28, 2006 | Result Date: Jun. 9, 2006 | Filing Date: Jan. 1, 1900 |Case number: 03AS00210 Verdict – Defense
Court
Sacramento Superior
Attorneys
Plaintiff
Defendant
Terrence T. Snook
(Carbone, Smith & Koyama)
Experts
Plaintiff
Kyle Christensen
(medical)
Jaipal S. Sidhu
(medical)
Defendant
Michael M. Klein
(medical)
Facts
In January 2002, plaintiff Shannon McConnachie was traveling in Citrus Heights. Defendant Rosemary Markson was driving in the same direction. When the two cars came close to an intersection, defendant rear-ended plaintiff. Plaintiff filed a lawsuit, alleging motor vehicle negligence. Defendant admitted liability.
Settlement Discussions
There was a $1,500 offer under C.C.P. Section 998.
Specials in Evidence
Plaintiff sought $6,377.
Damages
Plaintiff sought a total sum of $50,000.
Injuries
Plaintiff suffered chronic soft-tissue injuries to her neck and back. She opined that the injuries also affected her knees and hips. Defendant challenged the claimed injuries, as plaintiff's family members, who were also in the car, did not sustain any injuries. Further, the collision occurred at a low rate of speed. Plaintiff also waited several days before obtaining treatment, and there were significant breaks in the course of her treatment. The results of her MRIs and X-rays were negative. According to defendant's orthopedics expert, plaintiff's only possible injury was a minor whiplash.
Result
Following arbitration, plaintiff was awarded $8,500. Defendant requested a trial de novo. The case proceeded to trial, and the jury found in favor of defendant. The jury concluded that plaintiff's injuries were not a result of the collision.
Deliberation
40 minutes
Poll
12-0 (on causation)
Length
four days
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